Now any government officer or employee who remains absent from his duty continuously for five years will be deemed to have quit his/her job. The State Government has notified this rule from August 1 this year.
Notably, due to lack of any regulatory provision till date, State Government officers/employees used to return to their post even after remaining absent for 8-10 years and as soon as the government initiate action against such employees, they challenge the same in to court. However, after the notification of this law, they would not be able to challenge the government action in the court. Deputy Secretary of Finance department SK Chakravarty has sent the circular regarding amendment in Chhattisgarh Civil Services (leave) Rule to all Head of the Departments, divisional Commissioners and district collectors on Friday.
The circular said that as per the provisions of leave Rule 111 no continuous leave of more than 5 years could be sanctioned to government employees whereas Conduct Rule 7 says that no government servant will proceed on leave before getting it sanctioned. But in emergency situation competent authority can approve the leave on the basis of validity of the reason mentioned thereof for availing the leave. However, the basic rule 18 says that unless the governor decides to grant extended leave on the basis of special condition, no employee could be granted continuous leave of more than 5 years or that for the continuous leave of more than 5 years governor's approval will be mandatory.
Governor's power is invested in cabinet of ministers and therefore it is the order of the administration to take departmental action and handover appropriate punishment in case of more than one month's unauthorised absence of an employee from his duty. Chakravarty said that there were so many cases of this nature in which the related department did not take action against staff who remained absent for long time and in absence of regulation taking them back in service was mandatory.
Taking such conditions in view, now, the state government has decided to treat such officer/employee who with or without leave remains absent from his duty for more than 5 years as having resigned from his post. But before invoking this rule, the employee concerned will be given the chance to clear the reason for such absence, Chakravarty added.